(BY HUGO)
The report (in French) on lakes and cyanobacteria in Québec by the National Assembly Commission on Transports and the Environment has been released at the beginning of December (previous blog post).
As with the consultation process, the report feels slightly underwhelming. It constitutes more a synthesis of what is known and acknowledged as necessary for better water management with respect to cyanobacteria than a significant innovative proposition for the future. This does not detract from the value of the recommendations presented in the report, among which are the following:
1 - Confirm and assign with more precision the respective responsibilities among stakeholders involved in water management. On this subject, one of the more focussed comments of the Commission is worth quoting because it highlights the tension between, on one hand, homogenisation through integration, and on the other hand, subsidiarity through delegation as well as variability due to adaptation to local conditions - «Cependant, la réglementation sur la gestion de l’eau et de ses bandes riveraines est très variable d’une municipalité à l’autre, voire au sein d’une même MRC. De plus, certains propriétaires riverains estiment avoir des droits acquis qui échappent aux compétences municipales. La Commission souhaite que le gouvernement adopte des mesures concrètes qui visent à harmoniser les règlements municipaux au sein d’un même bassin versant. Il devrait, dans cet exercice, tenir compte des disparités économiques et territoriales et prévoir un soutien technique propre à l’application des règlements. Enfin, on devrait poursuivre par ces réglementations les objectifs énoncés dans les plans directeurs de l’eau.» (p.4)
3 - Grant governmental funding necessary for the realisation of water master plans. The source of funding should come from the fees paid for withdrawing water.
4 - Integrate the water master plans with the RCM Land Use Planning and Development Plan (see the Act respecting Land use planning and development).
8 - The Québec government should provide support to the municipalities and regional county municipality for the implementation of laws and regulations on water management.
9 & 16 - The government should review the criteria for the width of the riparian protection areas to limit phosphorous inputs.
12 - A financial support programme to help poorer segments of the population respect regulatory standards on sceptic tanks should be put in place by the government.
13 & 14 - The revision of the Regulation respecting waste water disposal systems for isolated dwellings should be prioritised with a view to increasing the phosphorous retention capacity of regulated sceptic tanks.
15 - The government should promote a sustainable model for agriculture that takes into account the water support capacity for phosphorous inputs. This recommendation is concomitant with decrees amending the farming insurance programme that push agriculture towards ever higher productivity.
Thursday, December 16, 2010
New Right to Water website launched
(BY HUGO)
On 10 december, WaterAid launched a new human rights to water and sanitation website. Some of the main pages of the site related to:
- The legal framework for the human rights to water and sanitation
- How to use the human rights-based approach (HRBA) in water developement
- Recent developments in international law with respects to the human rights to water and sanitation
The web site provides a good introduction to these issues. The site represents the HR advocacy position on the human right to water debate. For example, the site establishes the traditional dichotomy between States - governments, public officials, service providers - as duty bearers and citizens as rights holders. However, the site refers to the plurality of interpretations on what constitutes the HRBA to water (the History of a rights based approach to development section still seems under construction).
For a critical analysis on these issues, see «A Clash of Paradigms in the Water Sector? Tensions and Synergies Between Integrated Water Resources Management (IWRM) and the Human Rights-Based Approach (HRBA) to Development».
A forthcoming book likely to provide significant substance on the reflection about HRBA and the rights to water is due to be published soon: Anna Russell & Malcolm Langford (eds), The Right to Water: Theory, Practice and Prospects (Cambridge: Cambridge University Press, 2011).
On 10 december, WaterAid launched a new human rights to water and sanitation website. Some of the main pages of the site related to:
- The legal framework for the human rights to water and sanitation
- How to use the human rights-based approach (HRBA) in water developement
- Recent developments in international law with respects to the human rights to water and sanitation
The web site provides a good introduction to these issues. The site represents the HR advocacy position on the human right to water debate. For example, the site establishes the traditional dichotomy between States - governments, public officials, service providers - as duty bearers and citizens as rights holders. However, the site refers to the plurality of interpretations on what constitutes the HRBA to water (the History of a rights based approach to development section still seems under construction).
For a critical analysis on these issues, see «A Clash of Paradigms in the Water Sector? Tensions and Synergies Between Integrated Water Resources Management (IWRM) and the Human Rights-Based Approach (HRBA) to Development».
A forthcoming book likely to provide significant substance on the reflection about HRBA and the rights to water is due to be published soon: Anna Russell & Malcolm Langford (eds), The Right to Water: Theory, Practice and Prospects (Cambridge: Cambridge University Press, 2011).
2011 Canadian Bar Association Conference on Water
(BY HUGO)
The Canadian Bar Association 2011 National Environment, Energy and Resources Law Summit will focus on Water Law - Property, Protection and Policy. The Summit will be held on 7-9 April 2011, in Banff, Alberta. The annoucement for the Summit states:
«Join leading legal practitioners, academics and industry experts from across Canada and from the United States, South Africa and elsewhere, to discuss and understand the implications of differing domestic water allocation regimes on competing demands, the interplay between commercial development and water, the regulation and protection of natural water resources. Learn about the international concerns surrounding trade and the treatment of water as an export commodity, water in the Arctic, and trans-boundary water pollution. Develop insight into local and municipal issues such as restricted water use, pollution control legislation, drinking water delivery, watershed management and issues related to the development of Canada's water related infrastructure and the protection of Canada's drinking water supplies.»
The full details of the Summit are only available to attendees.
The Canadian Bar Association 2011 National Environment, Energy and Resources Law Summit will focus on Water Law - Property, Protection and Policy. The Summit will be held on 7-9 April 2011, in Banff, Alberta. The annoucement for the Summit states:
«Join leading legal practitioners, academics and industry experts from across Canada and from the United States, South Africa and elsewhere, to discuss and understand the implications of differing domestic water allocation regimes on competing demands, the interplay between commercial development and water, the regulation and protection of natural water resources. Learn about the international concerns surrounding trade and the treatment of water as an export commodity, water in the Arctic, and trans-boundary water pollution. Develop insight into local and municipal issues such as restricted water use, pollution control legislation, drinking water delivery, watershed management and issues related to the development of Canada's water related infrastructure and the protection of Canada's drinking water supplies.»
The full details of the Summit are only available to attendees.
Greece accedes to the 1997 UN Convention on transboundary waters
(BY HUGO)
Greece acceded to the Convention on the Law of the Non-Navigational Uses of International Watercourses on 2 December 2010 (see UN Treaty Collection Database). Greece has become the 21st country party to the Convention. According to article 36 of the Convention, it shall enter into force when 35 countries are party to it.
The WWF reports on the motivations behind Greece's decision. According to Tina Birbili, Greek Minister of Environment, Energy and Climate Change:
«The promotion of transboundary cooperation on water issues is inherent to Greece’s foreign policy, since around 25% of its surface water extends to or originates from neighbouring countries. The UN Watercourses Convention together with the EU Water Framework Directive constitute the necessary background and reference point for advancing the transboundary negotiations that Greece has initiated with Albania and the Former Yugoslav Republic of Macedonia, on the Prespa Lake; with Turkey, on the Evros basin; and with Bulgaria, on the Nestos, Strymon, Ardas, and Evros basins.»
In light of the above, 2 interesting points are: 1) the blurring of boundaries between international and national law through supranational law with the EU Water Framework Directive; 2) Greece's adherence to the principles of equitable and reasonable use as well as no harm for the management of transboundary waters with Turkey.
Turkey is principally an upstream state sharing waters with parched downstream neighbours in the Fertile Crescent. Turkey's position on transboundary waters is a traditional stance leaning towards the Harmon doctrine. Now, it seems that the principles of the 1997 Convention might be furthered against one of its prominent adversary due to the combination of Turkey's desire to join EU with water management reform in Greece under the WFD. Of note is the fact that Turkey is the state that required a vote on the 1997 UN Convention and voiced strong criticisms in UN plenary meeting at that time (Mr. Çelem, 21 May 1997):
«The draft Convention under consideration today is solely a framework Convention, as reaffirmed by General Assembly resolution A/51/206 and by draft resolution A/51/L.7, which is before us today. The mandate of the Sixth Committee to elaborate a framework convention was established very clearly by General Assembly resolution A/51/206. Accordingly, the draft Convention should have set forth only general principles and its application should have depended upon the drawing up of specific agreements which take into account the particular characteristics of the watercourses. In our view, neither the title nor the content of the draft Convention correspond to this provision of both resolutions.
In this respect, the draft Convention goes far beyond the scope of a framework convention and, in contradiction to its intent and nature, establishes a mechanism for planned measures. This has no basis in general and customary international law. Furthermore, this mechanism creates an obvious inequality between States by stipulating that, in order to implement its planned measures, a State belonging to a certain category is obliged to obtain the prior consent — tantamount to a veto right — of another State belonging to a certain other category.
It should also be stressed that it is not appropriate for a framework convention to foresee any compulsory rules regarding the settlement of disputes and not to leave this issue to the discretion of the concerned States. Furthermore, the draft Convention does not make any reference to the indisputable principle of the sovereignty of the watercourse States over the parts of international watercourses situated in their territory. The draft Convention should clearly have established the primacy of the fundamental principles of equitable and reasonable utilization over the obligation not to cause significant harm. The present text is liable to create confusion as far as implementation of the whole Convention is concerned.
In conclusion, my delegation would like to state that the Republic of Turkey does not intend to sign the Convention on the Non-Navigational Uses of International Watercourses and that this Convention does not and shall not have any legal effect for Turkey in terms of general and customary international law. For the reasons I have just explained, my delegation will vote against draft resolution A/51/L.72.»
Greece acceded to the Convention on the Law of the Non-Navigational Uses of International Watercourses on 2 December 2010 (see UN Treaty Collection Database). Greece has become the 21st country party to the Convention. According to article 36 of the Convention, it shall enter into force when 35 countries are party to it.
The WWF reports on the motivations behind Greece's decision. According to Tina Birbili, Greek Minister of Environment, Energy and Climate Change:
«The promotion of transboundary cooperation on water issues is inherent to Greece’s foreign policy, since around 25% of its surface water extends to or originates from neighbouring countries. The UN Watercourses Convention together with the EU Water Framework Directive constitute the necessary background and reference point for advancing the transboundary negotiations that Greece has initiated with Albania and the Former Yugoslav Republic of Macedonia, on the Prespa Lake; with Turkey, on the Evros basin; and with Bulgaria, on the Nestos, Strymon, Ardas, and Evros basins.»
In light of the above, 2 interesting points are: 1) the blurring of boundaries between international and national law through supranational law with the EU Water Framework Directive; 2) Greece's adherence to the principles of equitable and reasonable use as well as no harm for the management of transboundary waters with Turkey.
Turkey is principally an upstream state sharing waters with parched downstream neighbours in the Fertile Crescent. Turkey's position on transboundary waters is a traditional stance leaning towards the Harmon doctrine. Now, it seems that the principles of the 1997 Convention might be furthered against one of its prominent adversary due to the combination of Turkey's desire to join EU with water management reform in Greece under the WFD. Of note is the fact that Turkey is the state that required a vote on the 1997 UN Convention and voiced strong criticisms in UN plenary meeting at that time (Mr. Çelem, 21 May 1997):
«The draft Convention under consideration today is solely a framework Convention, as reaffirmed by General Assembly resolution A/51/206 and by draft resolution A/51/L.7, which is before us today. The mandate of the Sixth Committee to elaborate a framework convention was established very clearly by General Assembly resolution A/51/206. Accordingly, the draft Convention should have set forth only general principles and its application should have depended upon the drawing up of specific agreements which take into account the particular characteristics of the watercourses. In our view, neither the title nor the content of the draft Convention correspond to this provision of both resolutions.
In this respect, the draft Convention goes far beyond the scope of a framework convention and, in contradiction to its intent and nature, establishes a mechanism for planned measures. This has no basis in general and customary international law. Furthermore, this mechanism creates an obvious inequality between States by stipulating that, in order to implement its planned measures, a State belonging to a certain category is obliged to obtain the prior consent — tantamount to a veto right — of another State belonging to a certain other category.
It should also be stressed that it is not appropriate for a framework convention to foresee any compulsory rules regarding the settlement of disputes and not to leave this issue to the discretion of the concerned States. Furthermore, the draft Convention does not make any reference to the indisputable principle of the sovereignty of the watercourse States over the parts of international watercourses situated in their territory. The draft Convention should clearly have established the primacy of the fundamental principles of equitable and reasonable utilization over the obligation not to cause significant harm. The present text is liable to create confusion as far as implementation of the whole Convention is concerned.
In conclusion, my delegation would like to state that the Republic of Turkey does not intend to sign the Convention on the Non-Navigational Uses of International Watercourses and that this Convention does not and shall not have any legal effect for Turkey in terms of general and customary international law. For the reasons I have just explained, my delegation will vote against draft resolution A/51/L.72.»
Sunday, December 12, 2010
The human right to water in Indonesia
(BY HUGO)
Colleague Mova Al Afghani has recently uploaded on SSRN a paper on «The Potential Role of the Human Right to Water in the Management of Indonesia’s Water Resources». The paper argues that:
«there are gaps in the Indonesian legal framework in securing transparency, access to information, participation, access to justice and the procedure in recognizing customary rights in water resources management. Without adequate access to these procedural rights, vulnerable, marginalized and financially weaker groups will be left out from water resources management and will not be able to secure their entitlements. The Human Right to Water has potentials for filling such gap by reforming the implementing regulation of the Water Resources Law and enhancing the possibility to obtain legal recourse.»
A very interesting read, notably for the scope of the legal provisions considered in the analysis, as it provides an integrated legal perspective on the challenges and problems at ground level related to water for domestic consumption. Also interesting is section 5 on the role of the human right to water, and particularly subsection 5.b on the human right to water vs. cultural and customary rights, as well as subsection 5.f on the transposition of the International Covenant on Economic, Social and Cultural Rights in Indonesia.
One question that might be discussed a bit more is related to the interaction between the human right to water and other human rights. Reading the paper, it sometimes feels like the human right to water is constituted of a bundle of ‘substantive’ and ‘procedural’ rights (ex: see p.4 last §, as well as subsection 5.b on Right(s) to participation, transparency and access to information). Are these rights constituent human rights included under a human right to water? Are they considered as autonomous human rights? Is this an illustration of the doctrine of indivisible, inter-related and inter-dependent human rights?
Colleague Mova Al Afghani has recently uploaded on SSRN a paper on «The Potential Role of the Human Right to Water in the Management of Indonesia’s Water Resources». The paper argues that:
«there are gaps in the Indonesian legal framework in securing transparency, access to information, participation, access to justice and the procedure in recognizing customary rights in water resources management. Without adequate access to these procedural rights, vulnerable, marginalized and financially weaker groups will be left out from water resources management and will not be able to secure their entitlements. The Human Right to Water has potentials for filling such gap by reforming the implementing regulation of the Water Resources Law and enhancing the possibility to obtain legal recourse.»
A very interesting read, notably for the scope of the legal provisions considered in the analysis, as it provides an integrated legal perspective on the challenges and problems at ground level related to water for domestic consumption. Also interesting is section 5 on the role of the human right to water, and particularly subsection 5.b on the human right to water vs. cultural and customary rights, as well as subsection 5.f on the transposition of the International Covenant on Economic, Social and Cultural Rights in Indonesia.
One question that might be discussed a bit more is related to the interaction between the human right to water and other human rights. Reading the paper, it sometimes feels like the human right to water is constituted of a bundle of ‘substantive’ and ‘procedural’ rights (ex: see p.4 last §, as well as subsection 5.b on Right(s) to participation, transparency and access to information). Are these rights constituent human rights included under a human right to water? Are they considered as autonomous human rights? Is this an illustration of the doctrine of indivisible, inter-related and inter-dependent human rights?
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